Jurisdictions, Part 116
Livery of Seiſin.
For that, that you give in the ſecond Article of Charge, to know what Eſtates your Tenants have, for that ſomething ſhall be ſaid afterwards, which is an Eſtate in Fee, and which in taile, and alſo of other Eſtates, and firſt for that to Feaffments, Gifts, and Eſtates, made in taile, and for life, by you to others, there ought to be Livery of Seiſin, let us ſee what is good Livery upon the Land, and what within the view of the Land, and what not.
IF Liver … made and the Termor for years be not outed, this is not good, 21 H. 7. fol. 7.19 H. 6.56.2. Aſs. 1.5 Aſs. the laſt, and 7. Aſs. 3. And he to whom the Livery is made, ſtay a night with the Termor, and not out the Termor, yet this is not good, Britton fol. 102. and 29 Aſs. 60.
If Livery be made, and the Termor be not put out upon the Livery, or that he attorn, it is not good, 5 Book of Aſſ. 8.
If a Feoffment be of two Mannors, whereof one is in Leaſe for yeares, and the Livery is made in the other which is not in Leaſe, this in Leaſe doth not paſſe, for there ſhall be Livery made in that alſo, or otherwiſe the Termor ought to attorn, 11 H. 4. fol. 71.
To deliver a peice of Earth of the land, to him which takes the Seiſin is a good Livery, 2 Book of Aſſiſes 1.
The Sheriffe may deliver Seiſin of Rent recovered, by Beaſts, Graſſe, or Clod, and it is good, 40 Ed. 3. fol. 22. Perkins. 42.
Office is granted in Forreſt, to which land is belonging, and Seiſin is delivered by a Horn and an Axe, and is good, 1 H. 7 f. 17. the old print.
A man makes a Feoffment to a Woman, and when he comes to the Church doore to be married, he delivers to her the Deed, and there ſhews to her the land and is a good Livery, 39 Ed. 3. fol. 11 and 38. Aſſ. 22.
Where one is ſick in his Houſe, and delivers the Deed of Feoffment in name of Seiſin it is good, Perk. fol. 48
A Deed by (I have given and granted) or I have (given) only, ſufficeth to a Diſſeiſor, if he deliver to him the Deed without other Livery, for it is a confirmation, Littleton 121.
One lying ſick in his Houſe, makes a Charter of that, and ſaith, take and keep according to the Charter, and he takes Seiſin, and the Feoffor be not out, and yet good, ſo it is in the ſame caſe if he ſay take Seiſin, and command all the Servants to attend on him, 27 Book of Aſſ. 61. Perkins f. 43.44. & 43 Aſſ. 20.
There may be Livery within the view, as I deliver to the Feoffee a Deed of feoffment, and I ſay that I will that you ſhall enter into the ſame lands, and have them according to the Deed, it is good if you enter, Perk. fol. 43. and 18 H. 6. f. 16.
The Father infeoffs his youngeſt Son of a… Houſe, and the youngeſt Son come into the Church of the ſame town where the Houſe is, and ſaith in the preſence of the Pariſhioners, Father ſo frankly as you have given to me the Houſe, I give that to you, and the Father goes to the houſe and enters and dies ſeiſed, and is good; and the eldeſt Son ſhall have that and not the youngeſt, 39 Aſſ. 12. Per kins f. 44. the ſame, and 42 Ed. 3. Feoffment 54.
Note that it is notorious, and this the reaſon.
The Father makes a Feoffment and a Letter of Attorney to L. to make Livery, and before the Deed delivered, commands L. to make Livery upon condition, and he makes that upon condition, it is good, 28 Book of Aſſ. 439.
A man makes a Feoffment by Deed ſimply, but he delivers Seiſin upon condition, the Feoſtee takes it conditionally, and not by the Deed, 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83.
The Father for advancing his youngeſt Son, makes to him a Charter, and a Letter of Attorney, when he was of ſound memory, and after by ſickneſſe cometh mad, ſo that he was dumb at the time of the ſeiſin delivered, but by all ſignes agreed, and this is a good livery, 25 Book of Aſſiſes 4.
If a Leaſe be made for life by Deed, and the Leſſor ſaith, Go you and enter, but no livery is made, though that he enter, yet by Newton, hee hath but an Eſtate at will, and no Freehold, 18 H. 6. fol. 16.
When one makes a Feoffment, and delivers the Deed to the Feoffee, and ſaid, God give you joy, this is a good livery, 41 Ed. 3. fol. 17. Abridg. Aſs. fol. 94. and 41 Aſs. 10. but it ſeems it was within the view.
Feoffment is good of Lands by Deed, and delivering the Deed within the view of the Land, ſo that the Feaffee enters accordingly; but if the Feoffor dye before the Feoffee enter, then the Land diſcends, and the Feoffment ſhall take no effect: Time H. 8. B. Feoffments 70.
A man makes a Feoffment to another, and delivers to him the Deed in the Land, or upon the Land; this is a good Feoffment by all the Court, 35 H. 8. Brook, Feoffments, 74.
Note by theſe is to be gathered, that where the Feoffor delivers the Deed, within ſight of the Land to the Feoffee, and he enter, this is a good livery and ſeiſin, but if hee doe not deliver the Deed within the view, nor uſe words within the view, which may countervaile livery, I ſuppoſe free-hold doth not paſſe.
If a Leaſe be made for life by Deed, and I deliver it out of the view, and no livery of ſeiſin, that he is but Tenant at will, by Newton, as it is ſayd before, 18 H. 6. fol. 16.
Note, where a Deed ſhall enure as a confirmation, without Livery of Seiſin, and where not.
A Leaſe for yeares is made, and after the Leſſor makes a Deed by (I have given, granted, and confirmed) to the Leſſee, to him and his heires, and deliver to him this Deed, this is good without livery, 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the ſame.
If I let to one for yeares, and after make to him a Deed by (I have given and granted) to have the Land for life, or to him and to his heires, and deliver to him the Deed, he hath an Eſtate according to the Deed without livery and ſeiſin; the ſame Law where a Diſſeiſee makes a Deed by (I have given) to the Diſſeiſor, and delivers to him the Deed as before is ſayd, Lit. fol. 121.
Feoffment to diverſe, and livery to one, where both take, and where not; and where one makes a Letter of Attorney by words, is not good.
A Man makes a Feoffment by Deed to twenty, and delivers the Deed and Seiſin to one, in the name of all, this is good to them all, but if he enfeoffe twenty without Deed, and Delivers ſeiſin to one in name of all, this is good to him onelyonly: Time of H. 8. Br: Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke.
Tenant enfeoffs the Lord and another, and makes livery to the other, nothing veſts in the Lord, without his agreement, 10 E. 4. fol. 12.6 E. 4. fol. 4.
Where a Corporation and another are enfeoffed, livery to one is not good to both, for that, that they take in Common, and for that livery ſhall be to both of them, 7 H. 7. fol. 9. by Huſſey.
Attorney by word cannot make livery, 19 H. 8. fol. 9. by Shelley and Englefeild.
A man enfeoffe foure by Deed, and one makes letter of Attorney to J. S. to take ſeifin for him and the reſt, and he takes ſeiſin accordingly, the reſidue take nothing by the ſeiſin, 17 H. 8. Br: Feoff. 67.